BILL NUMBER: S5390
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the penal law, in relation to increasing the offense
classification for certain assault offenses regarding police officers
and peace officers
 
PURPOSE OR GENERAL IDEA OF BILL:
* This legislation would increase the penalties of the following crimes
by one degree:
Second-degree assault, causing a peace or police officer physical inju-
ry, would become a class C felony;
* assault on a peace officer, police officer, firefighter or EMS profes-
sional, causing serious physical injury, would become a class B felony;
and,
* aggravated assault on a police or peace officer, causing serious phys-
ical injury by means of a deadly weapon or dangerous instrument, would
become a class A felony.
 
SUMMARY OF PROVISIONS:
* Section 1: Amends the penal law by adding a new section 120.05-a to
make second-degree assault, causing a peace or police officer physical
injury, a class C felony.
* Section 2: Amends subdivision 3 of section 120.05, as amended by 17
chapter 267 of the laws of 2016 - removing references to police and
peace officers who will now be covered by new section cited above.
* Section 3: Amends section 120.08 of the penal law, as amended by chap-
ter 476 of the laws of 2018, to make the offense of assault on a peace
officer, police officer, firefighter or EMS professional, causing seri-
ous physical injury a class B felony
* Section 4: Amends section 120.11 of the penal law, to make the offense
of aggravated assault on a police or peace officer, causing serious
physical injury by means of a deadly weapon or dangerous instrument,
become a class A felony.
* Section 5: Sets the effective date as November 1 next succeeding the
date when it becomes law.
 
JUSTIFICATION:
Law enforcement officers put their lives on the line every day while
serving communities across New York State. The law enforcement officers
and others who protect our community put their lives at risk each single
day. Assaulting a member of law enforcement or a first responder is a
heinous crime. We must send the message that this is a serious offense.
 
PRIOR LEGISLATIVE HISTORY:
2024; Held in Senate Codes Committee.
 
EFFECTIVE DATE:
November 1st, next succeeding being signed into law.

Statutes affected:
S5390: 120.05 penal law, 120.05(3) penal law, 120.08 penal law, 120.11 penal law